M/S Mahashakti Filling Point vs Additional District Magistrate, Dewas (Madhya Pradesh) And Others

Sushrut Arvind Dharmadhikari, J

The instant writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India seeking the following reliefs:-

"a) Quash and set aside Notice Under Section 13(2) and 13(4) in view of admittedly non-services of the mandatory notices;

b) Quash and set aside "Order passed by the Ld. Additional District Magistrate Dewas, under Section 14 of the Act, 2002 dated 12.09.2023.

c) Stay the execution, effect and operation of the eviction notice issued by the Tehsildar, Dewas.

d) Alternatively grant breathing time to the petitioner to obtain ad-interim protection in Securitization Application under Section 17 of the Act, 2002 before the Hon'ble DRT Jabalpur against the impugned order.

e) To direct the Ld. DRT, Jabalpur to take the Securitization application filed by the petitioner on priority and dispose the same expeditiously.

f) Any other relief(s), which this Hon'ble Court may deem fit to be granted to the Petitioner under the facts and circumstances of the present case"

The brief facts of the case are that the petitioner is the borrower firm who has availed credit facility from respondent No.2 which is a Non-Banking Financial Corporation and is carrying on Banking business throughout India and overseas. After having defaulted facilities from the respondent No.2, the petitioner is subjected to coercive SARFAESI actions. Notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (referred to as "SARFAESI Act" hereinafter)has been issued. The respondent No.2 filed an application before the Learned Additional District Magistrate, Dewas in respect of property No.1. The petitioner filed reply to the said application under Section 14 of the "SARFAESI Act". The respondent No.2 filed an application before the learned CJM in respect of two other properties. The Tehsildar, Dewas issued an eviction notice to vacate the subject property on 07.03.2024. The learned CJM dismissed the application filed by the respondent No.2 under Section 14 of the Act, 2002 for taking assistance in delivery of physical possession of the two other properties.

The grievance of the petitioner is that being aggrieved by the order passed by the Additional District Magistrate, Dewas dated 12.09.2003 he has already preferred an securitization application under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal, Jabalpur (referred to as "DRT" hereinafter) which was registered as S.A. No.666/2024. The respondent no.1 herein in compliance of the order passed by the Additional District Magistrate, Dewas had issued a notice regarding handing over of vacant possession of the property in question to the respondent no.2 and as the Presiding Officer, DRT, Jabalpur is on leave from 22.04.2024 till 26.04.20204 and In-Charge Ld. Presiding Officer DRT, Allabahad would take a considerable time to hear the matter, therefore, petitioner apprehends dispossession from the property in question. Hence, this petition has been filed.

Learned counsel for the petitioner submitted that petitioner has already availed the efficacious remedy by filing application u/S 17 of the SARFAESI vide S.A. No.666/2024. Since the Presiding Officer is on leave, petitioner apprehends execution of the order passed by the Learned Additional District Magistrate, Dewas u/S 14 of the SARFAESI Act by the respondent no.1 who has already issued notice for handing over of vacant possession of the property in question to respondent no. 2, which would lead to dispossession of petitioner from the property in question. Hence, present petition is filed with the limited prayer for interim protection till effective hearing of Securitization Application by the DRT, Jabalpur.

Learned counsel for the respondent/State has no objection.

Heard, learned counsel for both the parties and perused the record.

On due consideration, in view of aforesaid circumstances, without adverting to the merits of the matter, it is directed that the status-quo shall be maintained by the respondents till the petitioner's interim application i.e. S.A. No.666/2024 is decided by the DRT, Jabalpur.

It is made clear that this Court has not reflected upon the merits of the case, and the DRT, Jabalpur shall decide the matter on its own merits without being influenced by this order. It is made clear that prayer made on behalf of the petitioner for further adjournment shall not be considered by the learned DRT.

C.C. as per rules.